LAST UPDATED: 27th MARCH 2019.
We are EMILIO TROIANO IFWTA (hereinafter “we”, “us”, and “our”), and we are committed to protecting your privacy.
EMILIO TROIANO IFWTA – INTERNATIONAL FUNCTIONAL TRAINING, UNIPESSOAL LDA, incorporated under the laws of Portugal, registered in the Commercial Registry Office of the Free Trade Zone of Madeira under fiscal code 513335382, with head office at Rua da Carreira, 115-117, capital of €100.00 (one hundred Euros), is the Data Controller for the purposes of the General Data Protection Regulation (the “GDPR”).
2. THIRD PARTY WEBSITES.
3. WHAT INFORMATION DO WE COLLECT, AND HOW?
When you interact with us, whether by using our Website or by communicating directly with us, we may collect the following information about you:
• information you give us: we may ask you to provide certain information about yourself if you sign up for an account on our Website, place an order for services or products, complete any online forms (such as registration forms, competitions, and surveys), opt-in to receive our newsletters and special offers, enter a competition or promotion, participate in social media functions with our Website, or correspond with us (by email, telephone, instant chat, social media, or via other means).
Depending on the specific nature of your interaction with us, the information provided by you may include your name, address or location, phone number, email address, date of birth, gender, purchase information, shopping preferences, image, and financial information (including your credit or debit card details which, although not stored directly by us, may be retained by the payment processing companies that we use).
If you register an account on our Website, you may choose to provide us with a picture and a username for your account profile. Through your account, you may also choose to invite your friends to visit our Website (including by email, or through Facebook, or Twitter). Although we will let them know that we received their details from you, please ensure that you have the consent of your friends before sharing their contact details with us, and only forward emails to people who you know would be happy to receive them.
• information we receive from other accounts or sources: we may receive information about you from other sources, such as from your other accounts or other websites, including from data brokers, our Partners, social media providers such as Facebook and Twitter, advertising networks, and our analytics and payment providers.
We may supplement the data you provide to us with data from data append services such as public or social graph data in order to better serve you with personalised content or promotions. We will append such data to our existing customer account information in order to better understand your interests and provide more relevant product recommendations and advertising, to increase your security when using our Website, and to comply with our legal obligations. This information may include household size, household income, or profession. This information may be associated with personal information such as your name, email address, postal address, or phone number.
You can find more details about the third parties we use in section 5.
• information that our IT systems collect about you: each time you visit our Website, certain information will be created and automatically recorded by our IT systems. This information includes:
b) device information: the information provided by your device will differ depending on which type of device you are using and the settings on that device, but includes the type of device you are using, the device’s IP address, the browser you are using, your mobile network provider (for mobile devices), the pages you have visited, your time zone and country location, and crash or download error reports.
4. WHAT DO WE USE YOUR INFORMATION FOR?
To provide you with services on our Website, including the ability to make orders and receive products or services using our Website, to administer your account, and to optimise your experience, we need to use the information that we collect in a number of different ways.
We also use the information we collect for marketing and advertising purposes. Where you have told us that you would like to receive marketing communications, or when you have made a purchase using our services, we and our Partners will use your personal information (including your name, email address, and postal address) to occasionally send you updates, news, and offers via email, post, or other forms of media. We may use your information (including supplemental information received from our Partners that we append to our existing customer information as described below), to tailor these messages that we send to you. You may unsubscribe from our email marketing communications at any time by modifying your preferences in your account’s profile management section, or by following the opt-out instructions in the promotional emails that are sent to you.
We also carry out research, analysis, and surveys on your use of our Website, and your views about our Website, our services and products, and related matters. We use the information collected about you so as to verify your identity and perform credit checks or anti-fraud checks, in order to ensure your, and our, financial security. Please scroll down to learn more about the detailed purposes for which we collect your information, what specific information is collected, and the legal basis for which we use that data.
a) To register and manage your account in our Website, we collect your name, email address, username and password, and other additional details you may wish to add to your account, such as your phone number, postal address, and gender. The legal basis is the performance of our Contract with you.
b) To be able to fulfil orders you make through our Website, we collect your name, delivery address, phone number, and order details, such as the service or product you are buying and the price. The legal basis is the performance of our Contract with you.
c) To collect payment from you, we collect your payment information, which comprises the credit/debit card number, holder’s name, expiry date, and CVV code. We do not store these details, and only transmit them to our authorised and trusted payment providers. The legal basis is the performance of our Contract with you.
d) To provide you with our customer services (including helping you to solve any issue you have with our services, updating you about any changes to our terms of service, or contacting you to ask you about your experience of using our Website). We collect your name, email address, password, and postal address, and your contact history with us (including phone records of our conversations). The legal basis is the performance of our Contract with you, and our legitimate interests in retaining you as a customer.
e) To monitor the quality of our customer services, we collect your name, email address, password, and postal address, and your contact history with us. The legal basis is our legitimate interests in running our business.
f) To administer, maintain, and optimise our Website and our services, we collect your device information (such as your device type and IP address), cookie identifiers, and browsing information. The legal basis is our legitimate interests in running our business.
g) To perform anti-fraud and credit checks, and to be able to do business with you, we collect your name, email address, postal address, credit/debit card details, browsing history, purchase history, date of birth, gender, device information (such as device type and IP address), any national identifiers (such as driving license or ID card), and any publicly available information (such as from social media profiles, or news sites). The legal basis is our legitimate interests to protect EMILIO TROIANO IFWTA LDA and its customers from fraudulent activities, and to comply with legal obligations.
h) To send you marketing communications and personalised offers, we collect your name, email address, phone number, postal address, date of birth, purchasing history, browsing history and behaviour, device information, cookie identifiers, national identifiers, and country of residence. The legal basis is our legitimate interest in sending electronic direct marketing of similar products and services to those you have acquired using our Website.
i) To provide you with personalised recommendations and to enhance your experience of using our Website, we collect your name, email address, phone number, postal address, date of birth, purchasing history and shopping preferences, browsing history and behaviour, device information, username, cookie identifiers, national identifiers, country of residence, and income level. The legal basis is our legitimate interests in running our business, and to improve our Website and your experience of using it.
j) To carry out research, analysis, enquiries, and surveys on your use of our Website, we collect your name, email address, postal address, and device information. The legal basis is our legitimate interests in running our business, and to improve our Website and your experience of using it.
k) To advertise and retarget advertising of our and our Partners’ products and services, we collect your email address, cookie identifiers, and device information. The legal basis is our legitimate interests in running our business.
l) To produce aggregated statistical reports, we may use some of your data, such as your order history, provided that the results of such reports cannot be used to identify you. The legal basis is our legitimate interests in running our business, and to improve our Website.
5. WHO DO WE SHARE YOUR INFORMATION WITH?
To be able to provide our Website and offer our services, we work with a number of carefully selected and trusted third parties. To do this, we may share your information with these third parties in the following limited circumstances:
• Third party service providers for business purposes: to function properly, we rely on a number of carefully selected third parties to provide us with services and products. We permit these companies to use your personal information only to the extent necessary for them to provide us with their services and products. Below you can find the types of third parties we use:
• Courier companies, such as DHL, UPS, or others, which we use in order to deliver the products to you and who, as such, need to have access to your order information, including your name and delivery address. These providers have a global outreach, working with many local companies that may be engaged according to your shipping address;
a) Payment providers that we use to process your payment information (including your credit/debit card details) so that we can collect payment from you.
b) Anti-fraud and credit check providers which we use to keep both us and you secure. They have access to and process your information and associated orders in order to check for any fraudulent behaviour.
c) Analytics and search engine providers, such as Google, Yahoo, and Baidu, which we use to assist us in the improvement and optimisation of our Website. These providers are based in the United States, in Europe, and in China.
d) Marketing Tool providers that we use to assist us to carry out our marketing activities.
e) IT/technology providers that we use to provide, support, and maintain the technology and IT infrastructure necessary for our Website and for the secure storage of your information.
f) Advertisers for marketing purposes: we may provide some of your information to our advertising and social media partners (including Facebook and Twitter, where you so choose) who require the data in order to select and serve relevant adverts about our and our Partners’ products and services to you and others;
g) Third party service providers to enrich data: we may also enrich, match, or combine information we hold about you with data from other sources, for instance by sharing some of your personal data with selected business partners. We do this to better understand your customer profile and interests so that we can deliver customised offers and other personalised services;
h) To comply with legal requests: on occasion, we may be required to cooperate with various regulators and law enforcement agencies in a number of different countries, whether as a result of a legal obligation, court order, or other legal process. Although we dispute requests wherever suitable, in some cases we may be obliged to share your information with regulators or law enforcement agencies. Where we consider it appropriate, and provided we are not prohibited from doing so by law or court order, we will attempt to notify you of these legal demands;
i) Aggregated information with third parties: we may aggregate your information with the information of other customers, creating an anonymised dataset of information about the usage of our Website and the purchase of services and products, and other general, grouped information about our customers on the basis of our legitimate interest to understand the usage of our Website and the demand for our products and services. Although this dataset is aggregated and anonymised, meaning that it cannot be used to identify you as an individual, it provides a valuable insight into the use of our Website, and we may therefore share it with selected third parties. These parties may include providers of plugins or similar technologies to help measure traffic, our Partners and other providers to allow them to better stock products, and our investors.
6. TRANSFERS OF YOUR PERSONAL DATA.
In order to provide our Website and offer our services, in accordance with the purposes set out above, we may transfer and store the personal information that we collect from you to a destination outside of the European Economic Area (“EEA”), principally to the United States, to one of our Group Companies, to one of our Partners, or to one of the third parties with which we work, as detailed below:
a) When transferring personal information to one of our Group Companies outside the EEA, which may be the USA, Brazil, Russia, Japan, or China, we rely on the European Commission’s model contracts (i.e. the standard contractual clauses) for the transfer of personal data to third countries, pursuant to Decision 2010/87/EU;
b) We transfer personal information to one of our Partners outside the EEA only to the extent that such transfer is necessary to enable the fulfilment of the contract between you and the Partner from whom you are ordering the products or services.
c) When transferring personal information to one of our third-party service providers specified above, we rely on various adequacy measures, as set out below:
e) Adequacy Decision: for the purposes of conducting anti-fraud checks, we transfer the personal data that we collect from you to Israel, which was deemed to have an adequate level of protection for personal data under Commission Decision 2011/61/EU of 31st January 2011.
f) Privacy Shield: some of our third-party service providers to whom we may transfer your data are based in the USA and comply with the US Department of Commerce’s EU-US Privacy Shield, certifying that they adhere to the EU-US Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. For more information about the EU-US Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield website.
g) Model Clauses: we rely on the European Commission’s model contracts (i.e. standard contractual clauses) for the transfer of personal data to third countries, pursuant to Decision 2010/87/EU, when transferring your information to our third-party providers based in the USA who do not adhere to the U.S. Department of Commerce’s EU-US Privacy Shield.
We use certain technology, known as “cookies”, in order to collect general information and record users’ online preferences. Cookies are small pieces of information sent by a web server to a web browser, which allows the server to uniquely identify the browser on each page.
We use the following categories of cookies on our Website:
a) CATEGORY 1: STRICTLY NECESSARY COOKIES. These cookies are essential in order to enable you to navigate our Website and utilise its features. Without these cookies, services you have asked for such as remembering your login details or shopping basket items cannot be provided.
b) CATEGORY 2: PERFORMANCE COOKIES. These cookies collect anonymous information on how you use our Website. For example, we use Google Analytics cookies to help us understand how users arrive at our site, how they browse or use our site, and to highlight areas which we can improve, such as the user’s navigation and shopping experience, as well as in our marketing campaigns. The data stored by these cookies is anonymised, and does not contain any personal details from which your individual identity could be established. You may opt-in to these cookies using your browser settings.
c) CATEGORY 3: FUNCTIONALITY COOKIES. These cookies remember choices you make, such as the country you visit our Website from, your language preference, and various search parameters such as size, colour, or product line. This information can then be used to provide you with an experience more appropriate to your selections, and to make your visits to our Website more tailored and enjoyable. The information these cookies collect is anonymised, and they cannot be used to track your browsing activity on other websites. You may opt-in to these cookies using your browser settings.
d) CATEGORY 4: TARGETING COOKIES OR ADVERTISING COOKIES. These cookies collect information about your browsing behaviour in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advert, as well as to help measure the effectiveness of an advertising campaign. The cookies are usually placed by third party advertising networks. They remember the websites you visit, and that information is shared with other parties such as advertisers. For example, we use third party companies to provide you with more personalised adverts based on your visits to other websites. You may opt-in to these cookies using your browser settings.
e) CATEGORY 5: SOCIAL MEDIA COOKIES. These cookies allow you to share what you’ve been doing on our Website to social media sites you use, such as Facebook and Twitter. Please refer to the specific privacy policies of the respective sites for how their cookies work.
If you wish to delete any cookies that are already on your computer, please refer to the help and support area on your internet browser for instructions on how to locate the file or directory that stores cookies. Information on deleting or controlling cookies is available at www.aboutcookies.org. Please note that by deleting our cookies or disabling future cookies, you may not be able to access certain areas or features of our Website.
You can withdraw your consent to these cookies at any time through the following options:
a) Google Analytics cookies across all websites please visit Google Analytics Opt-out Browser Add-on;
b) other third-party cookies relating to behavioural advertising please refer to www.youronlinechoices.eu
c) any other type of cookies you can clear these through your browser settings.
Please note that refusing cookies does not mean that you will no longer receive online advertising. It does mean that the company or companies from which you opted out will no longer deliver adverts tailored to your web preferences and usage patterns, so you may see a greater number of adverts that are irrelevant to you and your preferences.
Keeping you and your personal information secure is very important to us. We take a number of reasonable steps to try to protect the personal information that you provide, including:
a) requiring you to establish a unique username and password in order to access your account on our Website;
b) not storing details of your credit or debit card (such as the CVV number) that would enable any third party to make unauthorised transactions using that credit or debit card.
9. HOW LONG WILL YOUR INFORMATION BE RETAINED?
We retain the data you provide to us for as long as you maintain your account with us and, thereafter, for such a period as you may have questions or a claim in relation to our services, notwithstanding any greater retention period that we may be obliged to observe in accordance with legal requirements applicable to us.
In certain circumstances, you can ask us to delete your data, as set out in section 10.
After you have terminated use of our services, we may continue to store your data in an aggregated and anonymised format.
10. WHAT ARE YOUR RIGHTS OF PRIVACY?
You have certain rights in relation to the personal data we hold about you, which we detail below. Some of these only apply in certain circumstances, as set out in more detail below. We also set out how you can exercise those rights. Please note that we will require you to verify your identity before responding to any requests to exercise your rights, including asking a set of security questions in order to verify your identity. In the event that you have appointed someone else to make the request on your behalf, that person and/or organisation needs to show a valid power of attorney issued by you. We must respond to a request by you to exercise those rights without undue delay and at least within one month of receiving it (although this may be extended by a further two months in certain circumstances). To exercise any of your rights, please contact us at email@example.com or by writing to the Data Protection Officer, at Rua da Carreira, 115-117, 9000-047, Funchal, Portugal.
a) Access. You have the right to know whether we have processed personal data about you, and if we have, to access the data that we hold about you and to have certain information about how we use it and who we share it with (including the categories of personal data we share with businesses for their direct marketing uses and the names and addresses of those businesses).
You can also request a copy of your information. If you require more than one copy of the data we hold about you, we may charge a reasonable administration fee for this.
We may withhold certain personal data if providing it would interfere with another’s rights (e.g. where providing the personal data we hold about you would reveal information about another person) or where another exemption applies.
b) Portability. You have the right to receive a subset of the personal data we collect from you in a structured, commonly used, and machine-readable format, and you have the right to request that we transfer such personal data to another party. The relevant subset of personal data is data that you provide to us with your consent or for the purposes of performing our contract with you. If you wish us to transfer the personal data to another third party, please ensure that you specify which third party, and be aware that we can only do so where it is technically feasible. We are not responsible for the security of personal data or its processing once it is received by the third party. We may also refuse to provide you with certain data if providing it would interfere with another’s rights (e.g. where providing the personal data we hold about you would reveal information about another person or about our trade secrets or intellectual property).
c) Rectification. You have the right to correct any personal data held about you that is inaccurate. You can request the correction by emailing us. Please note that in certain cases we can ask you to explain in detail why you believe the personal data we hold about you to be inaccurate or incomplete so as to be able to assess whether a correction is required. Whilst we are assessing whether the personal data we hold about you is inaccurate or incomplete, you may exercise your right to restrict our processing of the applicable data as described below.
d) Erasure. You may request that we erase the personal data we hold about you in certain circumstances. Please scroll down to know what those are:
I) you believe that it is no longer necessary for us to hold the personal data we hold about you;
II) we are processing the personal data we hold about you on the basis of your consent, and you wish to withdraw your consent and there are no other grounds under which we can process the personal data;
III) we are processing the personal data we hold about you on the basis of our legitimate interests and you object to such processing. Please provide us with details as to your reasoning, so that we can assess whether there is an overriding interest for us to retain such personal data;
IV) you no longer wish us to use the personal data that we hold about you for sending you information about promotions and special offers;
V) you believe the personal data we hold about you is being unlawfully processed by us.
In addition, please note that you may exercise your right to restrict our processing of the data whilst we consider your request as described below.
Please provide as much detail as possible as to your reasons for the request, so as to assist us in determining whether you have a valid basis for erasure. Please note, however, that we may retain the personal data if there are valid grounds under the law for us to do so (e.g. for the defence of legal claims or for freedom of expression), but we will advise you if that is the case.
Where you have requested that we erase data that we have made public and there are grounds for the erasure of that data, we will take all reasonable steps to inform others that are displaying that same data or are that are providing links to the data to also erase the data.
• Restriction of Processing to Storage Only. You have a right to require us to stop processing the personal data we hold about you other than for storage purposes in certain circumstances. Please note, however, that if we stop processing the personal data, we may use it again if there are valid grounds under data protection law for us to do so (e.g. for the defence of legal claims or for another’s protection).
Please scroll down to see in which cases you may request us to stop the processing of your data and only store the personal data we hold about you:
a) you believe the personal data is not accurate for the period it takes for us to verify your claim;
b) we wish to erase the personal data as the processing we are doing is unlawful, but you wish us to retain the personal data for storage but not to continue processing it further;
c) we wish to erase the personal data as it is no longer necessary for our purposes, but you require it to be stored for the establishment, exercise, or defence of legal claims;
d) you have objected to us processing the personal data we hold about you on the basis of our legitimate interests, and you wish us to stop processing the personal data whilst we determine whether there is an overriding interest in us retaining such personal data.
You also have the right to object to our processing of data about you, and we will consider your request in certain other circumstances, as detailed below:
• We are processing the data we hold about you (including where the processing is used for the purposes of profiling) on the basis of our or a third party’s legitimate interests, and you object to such processing. Please provide us with details as to your reasoning so that we can assess whether there is a compelling overriding reason for us to continue to process such data, or if we need to process it in relation to legal claims. Please note that you may exercise your right to request that we stop processing the data whilst we make the assessment regarding the overriding interests;
• Withdrawal of Consent: You can withdraw your consent to the processing of your data at any time by changing your marketing preferences in the “My Account” section of this Website, or by unsubscribing at the bottom of each email received, or by sending an email to us at the address below.
• by emailing us at firstname.lastname@example.org ; or
• by writing to the Data Protection Officer, at Rua da Carreira, 115-117, 9000-042, Funchal, Portugal.
This is without prejudice to your right to initiate a claim with the Comissão Nacional de Proteção de Dados (CNPD), at Av. D. Carlos I, 134 – 1.º 1200-651, Lisboa, Portugal – Tel: +351 213928400 – Fax: +351 213976832 – e-mail: email@example.com or with the data protection supervisory authority in the EU country in which you live or work and in which you believe we have infringed the data protection laws.
12. UPDATES TO THIS POLICY.